Smile Club ZA

Terms & Conditions

 

  1. DEFINITIONS

1.1    In this Terms of Usage Agreement (“the/this Agreement”), the terms below shall have the following meanings:

1.1.1           “Website” shall mean the internet website address www.smileclub.co.za inclusive of all elements and sections thereof;

1.1.2           “Smile Club”, “we”, “us” and “our” shall mean Smile Club (Pty) Ltd (registration number 2018/440690/07), its successors in title and assigns;

1.1.3           “SCADP” shall mean Smile Club Approved Dental Professional who is an independent licenced dental professional;

1.1.4           “Privacy Policy” shall mean Smile Club’s most recent privacy policy as posted on the Website;

1.1.5           “you”, “your” and “the user” shall mean the user of the Website;

1.1.6           “Personal Information” shall have the definition ascribed to it in the Privacy Policy;

1.1.7           “Goods” shall mean any goods sold by Smile Club through the Website which include teeth whitening and related products.

 

  1. ACCEPTANCE AND CHANGES

2.1    By using the Website (as a registered user or guest) you expressly agree and accept the terms and conditions contained in this Agreement as well as those contained in the Privacy Policy.

2.2    Should you not agree with all the terms and conditions contained in this Agreement or the Privacy Policy, you are to immediately discontinue the use of the Website.

2.3    Your continued use of the Website shall be deemed an acceptance of the terms and conditions contained in this Agreement as well as those contained in the Privacy Policy.

2.4    The terms and conditions contained in this Agreement as well as those contained in the Privacy Policy may change from time to time. It is your responsibility to ensure you are familiar with such changes when using the Website; continued use of the Website shall be deemed acceptance of such changes and the most recent version shall apply. Should you not agree with such changes, you are to immediately desist from using the Website.

 

  1. ACCESS TO WEBSITE FOR MAJORS ONLY

3.1    The Website, content, functionality and features are only for the use by users who are 18 (eighteen) years of age or older.

3.2    By using the Website you warrant that you are 18 (eighteen) years of age or older and are able to enter into a binding agreement without the assistance of a third party.

3.3    In the event you are under the age of 18 (eighteen), you are required to discontinue the use of this website and request your legal guardian to transact and access the Website on your behalf.

 

  1. WEBSITE PROVIDED “AS IS”

4.1    The Website, functionality, features, accounts, content, materials are provided on an “as is” and “as available” basis, to the full extent permitted by law, and the use thereof is at your own risk.

4.2    The information contained on the Website may contain errors, omissions, outdated information, typographical errors, inadequate and incomplete information and Smile Club does not guarantee the accuracy thereof. Smile Club shall not be held liable for any damages of whatsoever nature (including delictual, contractual, special, incidental, general, consequential, direct, indirect and loss of profit) which result from your reliance thereon or your use of the Website. You understand that it is your obligation to ascertain the veracity and/or accuracy of the contents of the Website.

4.3    Smile Club cannot guarantee continued, error and failure free, uninterrupted and virus free access and use of the Website. Smile Club cannot guarantee that there shall be no security breach of the Website or your Personal Information.

4.4    Smile Club shall not be liable for damages of whatsoever nature (including delictual, contractual special, incidental, general, consequential, direct, indirect and loss of profit) which may arise from:

4.4.1           Errors, omissions, outdated information, typographical errors, inadequate and incomplete information on the Website its related features, online store and account;

4.4.2           Interruption, failure, delayed or failed transmission in respect of the Website, its related features, online store and account;

4.4.3           Viruses, trojans, malware, spyware and destructive files alleged to have been obtained from the Website and security breaches of the Website its related features, online store and account or your Personal Information;

4.4.4           Links to other websites as contained in the Website;

4.4.5           The discontinuation, denial of access to or withdrawal of the Website.

4.5    Smile Club shall be entitled at any time whatsoever, without notice and for any reason whatsoever to withdraw, amend, disallow use to specific users including registered users.

4.6    You hereby indemnify Smile Club against any claim for losses or damages (of whatsoever nature including delictual, contractual, special, incidental, general, consequential, direct, indirect and loss of profit) which may be suffered by you or any third party arising from the use of the Website.

 

  1. OWNERSHIP

5.1    The Website and the elements comprising of the Website including (but not limited to) layout, content, downloads, online store, images, texts, contractual terms, terms of agreement, graphics, logos, identifying marks, words which identify certain products or procedures, videos and audio belong to and are run by Smile Club (care of its Directors Elton Lau, Keith Lyon and Ian Kent), its licensors or service providers unless expressly stated otherwise.

5.2    Unless allowed in terms of this Agreement or by a further agreement concluded to such effect, the Website and all its contents and functionality may not be copied or transmitted in any way whatsoever. You shall not be entitled to reproduce, distribute, modify, republish or create derivative works of the Website, all its contents and functionality.

5.3    Unless stated otherwise herein, Smile Club is responsible for all aspects relating to the transactions in respect of the sale of Goods on the Website, customer service and support, dispute resolution and delivery of Goods.

 

  1. OWNERSHIP RIGHTS AND PRIVATE USE

6.1    The Website and the elements comprising of the Website including (but not limited to) layout, content, downloads, online store, images, texts, graphics, logos, identifying marks, words which identify certain products or procedures, videos and audio are to be used for personal non-commercial, lawful use in the Republic of South Africa only.

6.2    The failure to act in accordance with the provisions of 6.1 above may lead to criminal and/or civil proceedings being instituted against you.

6.3    The contents of the Website are for information purposes only and do not constitute medical advice or recommendations. You agree that the information contained on the Website shall not be used in place of the advice or recommendations of a medical practitioner, a SCADP or instructions supplied with any medicine and/or medical device.

6.4    You are not to ignore any medical advice or discontinue treatment from your medical practitioner based on content provided on the Website.

6.5    You are prohibited from using the Website for unlawful purposes, furthermore, you are prohibited from using the Website as follows:

6.5.1           Logging in or pretending to be another person;

6.5.2           Uploading data which is abusive, sexual, amounts to hate speech, the promotion of violence, is against the law or calculated to harm or violate the rights of others;

6.5.3           In order to gain unauthorised access to Personal Information.

6.6    You agree that any unauthorised use of the Website may lead to a claim against you for damages inclusive of general, special, incidental, direct and indirect damages as well as loss of profit.

 

  1. ONLINE ACCOUNT REGISTRATION

7.1    You are able to register an online account on the Website. It is to be noted that by registering an account or making, making a purchase or completing any data boxes, you will share Personal Information, which is dealt with in accordance with the Privacy Policy. You warrant that all information supplied is accurate and up to date. Furthermore, by supplying such information, you consent to receive marketing material, promotions and updates telephonically, via SMS and email, which you may elect to opt out of at any time.

7.2    It is your obligation to ensure your login details, inclusive of user names and passwords, are kept secret and that you don’t allow anyone else access to your account through your login details. At all times material hereto, you will be deemed to be the user accessing your account, making a purchase and completing data boxes. You agree to log out of your account after each session.

7.3    You are only permitted to have one online account; multiple accounts will result in termination of all accounts.

7.4    Smile Club reserves the right, in its sole discretion, to terminate your access to your online account and the Website, for any reason whatsoever and you hereby indemnify Smile Club from any damages of whatsoever nature (including delictual, contractual, special, incidental, general, consequential, direct, indirect and loss of profit) which may arise from such termination or suspension of an account and/or access to the Website.

7.5    Smile Club may request that the information provided when registering an online account, making a purchase or filing in data boxes be verified. Should you fail to verify such information to Smile Club’s satisfaction, the account and/or transaction will be terminated and you hereby indemnify Smile Club from any damages of whatsoever nature (including delictual, contractual, special, incidental, general, consequential, direct, indirect and loss of profit) which may arise from such termination or suspension of an account.

7.6    Once you have registered an account you will be able to, inter alia, make purchases as a registered user, upload photos, provide feedback and communicate with a SCADP. It is to be noted that Smile Club provides an online platform wherein you are able to communicate with a SCADP.

7.7    You undertake to notify Smile Club immediately in writing of any unauthorised access to your online account or compromise of security.

 

  1. TELEMEDICINE

8.1    Telemedicine involves the use of medical information exchanged from one site to another via electronic communications for the purpose of care and/or treatment.

8.2    During ActiveAligner therapy provided by a SCADP, Telemedicine may be used by the SCADP. Review consultations may take place inter alia using Telemedicine, including review consultations facilitated through the communication platform on the Website. If you are currently making use of ActiveAligner therapy, your informed consent has already been obtained by a SCADP in respect of the said therapy as well as the use of Telemedicine. By using the Website to facilitate the connection with a SCADP your continued informed consent is confirmed and you warrant that you have not withdrawn such consent at anytime material hereto.

8.3    Smile Club does not provide medical advice or care. Any advice of a SCADP provided through the connection facilitated on our online account shall not be construed as advice of Smile Club and shall remain the advice of the SCADP. Smile Club merely supplies the platform to facilitate communication, comparable to a tele-network provider when you make a phone call to a medical professional.

8.4    Any information or advice obtained from a SCADP shall remain that of the SCADP. Any interactions via our online communication platform with a SCADP is not intended to replace the relationship of your regular dental practitioner or any other medical health care providers.

 

  1. EMERGENCIES

9.1    The Website, its related functionality and platform supplied to communicate with a SCADP is not intended to be used in emergencies.

9.2    Should you experience any medical emergencies, you are to attend to your nearest hospital or contact emergency services without delay.

 

  1. ONLINE PURCHASES

10.1   You may purchase Goods available for purchase on the Website with or without a registered account.

10.2   The price of Goods may change at any time before payment and without notice, inclusive of the period when such Goods may be in your shopping cart.

10.3   Placing Goods in the shopping cart will not reserve such Goods for you, nor will it guarantee you the price at the time of putting such Goods in the shopping cart when the order is placed.

10.4   It is in the sole discretion of Smile Club whether to accept or reject orders placed by you. The acceptance or rejection of an order placed shall be dependant on availability of Goods. Payment in respect of Goods ordered shall not be deemed acceptance of any order. Acceptance of an order shall only be confirmed via email containing an invoice.

10.5   In the event that an order placed is not accepted or if accepted, the Goods are unavailable, Smile Club will inform you via email and refund any amount which have been paid by you within 30 (thirty) business days of such notification. Smile Club shall not be held liable for any damages of whatsoever nature (including delictual, contractual, special, incidental, general, consequential, direct, indirect and loss of profit) which may arise from the non-acceptance of an order placed by you.

10.6   Save for circumstance in which an order is cancelled by you in accordance with the terms contained herein, you agree that once the correct username and password has been entered or your personal credentials in the case of a direct purchase have been entered, authorised or unauthorised, you will be liable for payment of any purchase made.

10.7   You shall be entitled to cancel your order prior to dispatch only in the event Smile Club receives written cancelation of such an order via email before you receive of notice of dispatch.

10.8   Should you wish to return any Goods after receipt thereof, the following conditions shall apply:

10.8.1         Due to the nature of the Goods sold by Smile Club, no returns shall be accepted if the Goods have been opened and/or used;

10.8.2         Should the Goods be damaged, missing parts or not what you ordered, you are to inform Smile Club in writing within 7 (seven) business days from date of delivery or collection of such Goods.

10.8.3         On receipt of written notice contemplated in 10.8.2 above, Smile Club shall arrange for the upliftment of the delivered Goods in order to inspect same to determine the veracity of the complaint.

10.8.4         Once Smile Club has inspected the Goods uplifted and it is determined that either the Goods are damaged or the Goods are missing parts (due to no fault on your behalf) or the Goods are not in accordance with your order and the Goods are unused, Smile Club will refund, replace or issue a credit in your favour in respect of such Goods. It will be your election as to whether you wish to receive a replacement, refund (which will be effected within 30 (thirty) business days of your election) or credit should the claim be correct.

10.8.5         Should you wish to return the Goods because you have changed your mind, you are to return such Goods to your nearest Smile Club branch unopened and unused in original undamaged packaging. Once the Goods have been inspected and it is determined that the Goods are unused, unopened and in its original packaging, you will receive a full refund of the cost of price Goods within 30 (thirty) business days.

10.9   The Goods sold by Smile Club on the Website are not intended to treat any condition, sickness or diagnosis. Smile Club does not warrant the suitability of any Goods and you acknowledge that it is your responsibility to consult with your dental professional in order to determine the suitability of such Goods for your needs.

10.10 You acknowledge that the use of the Goods are to be so used in accordance with the accompanying instructions and may produce results which differ for each individual and for some individuals may not bear the expected results. You acknowledge that this is the nature of the Goods and they shall not be deemed defective in such circumstances.

10.11 Smile Club offers delivery, through contracted third party couriers and a collection option from one of the Smile Club branches. In the event you select the delivery option, you agree to the following:

10.11.1       The date of delivery which you will be notified of is an estimated date only and may vary due to circumstances which may not be in the control of Smile Club. Subject to the aforegoing, Smile Club will however endeavour to ensure that all orders are delivered within 15 (fifteen) business days from receipt of confirmation of order.  Smile Club shall not be held liable for any damages of whatsoever nature (including delictual, contractual, special, incidental, general, consequential, direct, indirect and loss of profit) which may arise from late delivery of Goods ordered.

10.11.2       You agree to pay the delivery cost as canvassed in the invoice or as detailed before check out.

10.11.3       Once the Goods have been delivered to your elected delivery address, to any person at such an address, the risk in and to the Goods shall pass to you.

10.11.4       You agree that a delivery note signed by or on behalf of you shall be prima facie proof that the Goods have been delivered to you, inspected and are free from defect.

10.11.5       Notwithstanding anything contained herein, should you not receive delivery of the ordered Goods within 30 (thirty) business days from date of acceptance of order, you shall be entitled to cancel the order and receive a full refund within 30 (thirty) business days.

10.11.6       A tracking number for each order will be provided via email upon shipment.

10.11.7       Smile Club takes no responsibility for returned packages with incorrectly provided addresses. Should an order be return due to an incorrect address, you may opt for a refund (in which event delivery fees will be deducted therefrom) or to pay an additional delivery fee for redelivery. 

10.11.8       Orders with incorrect billing information, or requiring additional verification, will be delayed. In the case of returned deliveries, the you shall be responsible for any and all additional delivery fees incurred.

10.12 The Goods are not to be used after the indicated expiry date.

10.13 Payment in respect of Goods ordered online may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into Smile Club’s bank account, the details of which will be provided on request.

10.14 Card transactions will be acquired for Smile Club via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the Website. You may go to www.paygate.co.za to view their security certificate and security policy. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

10.15 Customer details will be stored by Smile Club separately from card details which are entered by you on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.

10.16 When making payment, you warrant that you are duly authorised to make use of the said card or bank account and that there are sufficient funds to pay for the delivery and the Goods ordered.

10.17 All orders must be paid for within 24 (twenty four) hours of placing the order, failing which the order will be automatically cancelled.

 

  1. GOVERNING LAW AND CONSENT TO ARBITRATION

11.1   The Website, its related features, online store and functionality is intended for use only within the Republic of South Africa.

11.2   You expressly agree that any dispute which you have with Smile Club or a SCADP which may arise from the use of the Website, sale and use of Goods purchased through the Website or advice provided by a SCADP using the platform on the Website as well as the processing of your Personal Information shall be referred to the Arbitration Foundation of South Africa (AFSA) for determination in accordance with their rules prevailing at the time the dispute arose. You further agree that:

11.2.1         The matter is to be adjudicated upon by a single independent arbitrator with extensive dental and contractual knowledge and a minimum of ten years’ experience in legal disputes pertaining to the dental or orthodontic profession;

11.2.2         The ruling by the single arbitrator shall be binding and final on the parties to the dispute and the matter shall not be capable of appeal;

11.2.3         The proceedings, outcome and all information related thereto shall be deemed confidential and no party may make disclosure thereof under any circumstances whatsoever and at any time;

11.2.4         The Arbitration shall be held in private;

11.2.5         Should any party make the arbitration proceedings, the outcome or any information thereto public, the other party shall have a right to proceed against the disclosing party for damages.

 

  1. WHITENING PRODUCTS

12.1   While the Goods intended to whiten teeth may lighten the colour of your teeth by removing stains, you acknowledge that the results which arise from the use of the Goods may vary on each individual and may not be permanent. Smile Club does not guarantee any specific results from use of the Goods.

12.2.1         The Goods may break and be swallowed or inhaled if not used properly which may lead to death. At no point are you to use broken Goods;

12.2.2         The use of the Goods may not lighten all teeth, restorations, fillings, cavities, fillings, blue, grey, striped and discoloured teeth;

12.2.3         The use of the Whitening Kit may soften your fillings which may lead to the need for the replacement thereof, which you agree will be done at your cost;

12.2.4         The use of the Whitening Kit may not be effective where the tooth meets the gum, especially if you have receding gums or periodontal disease;

12.2.5         You may experience tooth and gum sensitivity and/or discomfort when using the Whitening Kit;

12.2.6         Should the formula provided in the Whitening Kit be swallowed during use, this may lead to a sore throat;

12.2.7         If the formula provided in the Whitening Kit penetrates damaged or cracked fillings, this may lead to nerve damage.

12.3   You agree that you are aware of the risks associated with the use of the Goods and indemnify Smile Club from any damages or loss (of whatsoever nature including delictual, contractual, special, incidental, general, consequential, direct, indirect and loss of profit) which may arise should any of the aforesaid risks materialise from the use of the Goods.

12.4   By purchasing Goods from Smile Club, you warrant that you have seen your dental practitioner in the preceding three months and that your teeth and gums are in good health.

 

  1. SMILE CLUB APPROVED DENTAL PROFESSIONAL

13.1   The Smile Club assists to provide a digital solution in order to facilitate the provision by a Smile Club Approved Dental Professional of Aligners, Sports Guards, Night Guards and Retainers.

13.2   A Smile Club Approved Dental Professional becomes approved by Smile Club on application by a licenced dental professional to Smile Club and upon meeting certain criteria.

13.3   The approval by Smile Club is not a medical approval but an approval related to a business venture in this regard. SCADPs are not employed by Smile Club.

13.4   A SCADP is at all times required to ensure that the therapy offered (if applicable) and devices supplied to their patients are suitable in the circumstances regardless of the origin of such device and having regard to the costs, benefits and risks associated with all treatments and therapies available.

13.5   At no point in time does the approval by Smile Club limit the options available by a SCADP to offer his or her patient. The approval merely assists the SCADP adding a possible alternative to the available alternatives.

13.6   The display of the details of a SCADP merely informs the user that the said Medical Professional is approved by Smile Club and is able to offer Aligners, Sports Guards, Night Guards and Retainers. It is in no way to be construed as advertising, promotion or the advocating preferential use of such devices.

13.7   Smile Club does not determine candidacy and/or suitability in respect of any treatment, this is done by the independent SCADP.

13.8   When searching for a SCADP, the order in which the search results appear, is based on the geographical distance from the selected search  location.

 

  1. UNSOLICITED COMMUNICATIONS

14.1   Smile Club will not request you to provide Personal Information via email such as your card details, ATM pin, ccv number, password or username. You are to report any unsolicited communications purporting to be from Smile Club immediately to info@smileclub.co.za.

14.2   Smile Club shall not be held responsible for any losses or damages suffered as a consequence of you supplying your details in response to unsolicited communications.

 

  1. THIRD PARTY WEBSITES

15.1   There may be links or images which link to third party websites contained on the Website or herein. Smile Club is not in control of the content on third party websites and does not endorse or warrant the accuracy of the information supplied on the third party websites. The links to third party websites are provided for convenience only and are to be used at your own risk.

 

  1. GENERAL

16.1   Subject to clause 2.4, this Agreement, which incorporates the Privacy Policy, contains all the express provisions, agreed on by the parties with regard to the subject matter of this Agreement, and supersedes and novates in its entirety any previous understandings and or agreements among the parties in respect hereof, and the parties waive the right to rely on any alleged provision not expressly contained in this Agreement.

16.2   This Agreement and Website is to be governed, interpreted and implemented in accordance with the laws of the Republic of South Africa.

16.3   Each provision of this Agreement is severable the one from the other. If any provision (or part thereof) is invalid or found by the duly appointed arbitrator to be defective or unenforceable, the remaining provisions (or remaining valid part thereof after severing the invalid portion) shall be of full force and effect.

16.4   It is agreed that:

16.4.1         This Agreement shall not be interpreted against the interests of Smile Club or any SCADP;

16.4.2         References to any Party shall, where relevant, be deemed to be references to or to include, as appropriate, their respective lawful or permitted successors, assigns or transferees;

16.4.3         An expression which denotes any gender includes the other genders vice versa;

16.4.4         Where any term is defined within a particular clause or in any portion of this Agreement, that term shall bear the meaning ascribed to it wherever it is used in this Agreement.

16.5   Smile Club chooses as its domicilium citandi et executandi for all purposes under this Agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature 145 Western Services Road, Woodmead, Gauteng.

16.6   Smile Club’s contact details are as follows:

info@smileclub.co.za

145 Western Services Road

Woodmead

Johannesburg

1291

+27 87 807 8724